Virginia (VA) law guide
Virginia governs residential tenancies through the **Virginia Residential Landlord and Tenant Act (VRLTA)**, codified at Title 55.1, Chapter 12 of the Code of Virginia. The VRLTA sets enforceable floors for both landlord and tenant obligations, covering everything from the two-month cap on security deposits to court-ordered eviction diversion programs that expanded statewide in 2025. With roughly one in three Virginia households renting, the law strikes a balance that gives landlords clear remedies while affording tenants **meaningful repair, retaliation, and redemption rights** that courts take seriously.
Security deposit limit
2 months rent (Va. Code § 55.1-1226)
Deposit return deadline
45 days after move-out or lease end, whichever is later
Statewide rent control
None; Va. Code § 15.2-2800 preempts local ordinances
Nonpayment eviction notice
5-day pay-or-quit written notice (Va. Code § 55.1-1245)
Virginia rental market snapshot
Population
~8.88 million (2025 est.)
Renter households
~33% of households rent
Median rent
~$2,039 (2BR)
Largest rental markets
Northern Virginia / Arlington-Alexandria, Richmond, Virginia Beach-Norfolk, Roanoke, Charlottesville
Northern Virginia's proximity to federal employment pushes 2BR rents well above the statewide median, with Arlington averaging ~$2,727 for a two-bedroom unit, a premium that makes the VRLTA's two-month deposit cap a meaningful consumer protection in high-cost submarkets. Richmond and Virginia Beach sit closer to the state median, giving the law broader reach across the economic spectrum of the Commonwealth's diverse rental base.
Virginia Code § 55.1-1226 sets a hard ceiling: no landlord may collect a security deposit exceeding two months of the periodic rent, regardless of whether the deposit is labeled a security deposit, pet deposit, or damage deposit. All refundable deposits are aggregated toward that cap. Deposits of more than $50 must be held in an escrow account at a federally insured Virginia financial institution and may not be commingled with the landlord's personal or business funds.
After the tenancy ends, the landlord has 45 days from the later of the termination date or the date the tenant vacates to return the deposit and deliver a written, itemized statement of any deductions. Permissible deductions include unpaid rent, late fees specified in the lease, damages beyond normal wear and tear, and charges expressly authorized by the rental agreement. Cosmetic or routine wear does not qualify.
Missing the 45-day deadline carries real teeth. If a court finds the landlord willfully failed to comply, it must order the full deposit returned to the tenant along with actual damages and reasonable attorney fees. Even non-willful noncompliance eliminates the landlord's right to retain any portion of the deposit. Tenants who do not supply a forwarding address give the landlord limited relief, but unclaimed funds must be remitted to Virginia's State Treasurer as unclaimed property after one year beyond the return window.
Virginia has no statewide rent control or rent stabilization law. Virginia Code § 15.2-2800 expressly preempts localities from enacting their own rent-cap ordinances, meaning cities like Richmond, Arlington, and Virginia Beach cannot set limits on how much a landlord may raise rent. There is no cap on the amount of a rent increase, and there is no required justification for one outside of the lease agreement.
For month-to-month tenancies, the landlord must provide at least 30 days written notice before a rent increase takes effect at the next rent-due date. Larger landlords, specifically those owning more than four rental units or more than a 10 percent interest in more than four units, must give 60 days written notice of a rent increase when a fixed-term lease contains a renewal option or an automatic renewal clause, though this longer notice period does not apply to pure month-to-month arrangements.
Legislative proposals in the 2025 General Assembly session sought to allow localities to adopt anti-rent-gouging ordinances capping annual increases at the lesser of CPI growth or 7 percent, but those measures had not been enacted into law as of mid-2026. Until the preemption statute changes, landlords in the Commonwealth retain full discretion over rent levels, and tenants rely on market competition and lease negotiation rather than statutory rate controls.
When a tenant fails to pay rent, Virginia requires the landlord to serve a written 5-day pay-or-quit notice before filing any court action. The notice informs the tenant that rent must be paid in full, including any contractually specified late fees, within five calendar days of service, or the landlord may terminate the tenancy. Saturdays, Sundays, and legal holidays count toward the five days. If the tenant does not pay or vacate, the landlord files an Unlawful Detainer summons in the General District Court.
For non-monetary lease violations, the VRLTA uses a 21/30-day notice structure: the landlord must give written notice of the breach and allow 21 days for the tenant to remedy it; if the violation is not cured, the tenancy terminates 30 days after the notice was served. Certain serious violations involving criminal activity, illegal drug use, or conduct that materially endangers health or safety allow immediate termination without a cure period. Self-help eviction, including changing locks, removing belongings, or shutting off utilities to force a tenant out, is strictly prohibited under Virginia law and exposes the landlord to civil liability.
Virginia's Eviction Diversion Program, expanded statewide in 2025 under Va. Code §§ 55.1-1260 through 55.1-1262, gives qualifying tenants an opportunity to present a court-ordered payment plan on or before the return date of the Unlawful Detainer summons. A tenant who pays all owed rent, court costs, and attorney fees by the return date exercises the statutory right of redemption and avoids a possession judgment. Landlords who circumvent this judicial process face significant legal exposure.
The VRLTA imposes a statutory warranty of habitability: landlords must deliver and maintain premises that are safe, sanitary, and fit for human habitation throughout the tenancy. This includes functioning plumbing, heat, electricity, and structural integrity, as well as reasonable pest control. When a tenant provides written notice of a condition that materially affects health or safety, the landlord has 14 days to begin remediation. Failure to act opens the door to the repair-and-deduct remedy under Va. Code § 55.1-1244.1, which permits the tenant to hire a licensed contractor and recover costs up to the greater of one month's rent or $1,500.
Virginia's retaliation prohibition under Va. Code § 55.1-1258 bars landlords from raising rent, reducing services, or pursuing eviction in response to a tenant reporting code violations to a government agency, complaining to the landlord about legal noncompliance, or organizing with other tenants. If a court finds retaliatory motivation, the tenant may recover actual damages and assert retaliation as a complete defense to an eviction action. Landlords retain the right to raise rent to prevailing market levels or reduce services applied uniformly to all tenants, but targeted responses to protected complaints are actionable.
Tenants also have specific early-termination rights under the VRLTA. Active-duty servicemembers who receive permanent change-of-station orders or deployment orders for more than 90 days may terminate a lease with 30 days written notice under the federal Servicemembers Civil Relief Act. Virginia also permits early termination for victims of family abuse or sexual assault who provide written documentation within 21 days of the qualifying incident. These statutory protections reflect the VRLTA's broader objective of giving tenants predictable, enforceable remedies without requiring litigation in every dispute.
This guide is general information, not legal advice. Governing statute: Virginia Residential Landlord and Tenant Act (Va. Code Title 55.1, Chapter 12). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Virginia FAQ
Virginia Code § 55.1-1226 caps the total of all refundable deposits, including any pet or damage deposit, at two months of the periodic rent. A landlord who collects more than that limit violates the VRLTA and can be ordered to return the excess.
The landlord must return the deposit along with a written, itemized statement of any deductions within 45 days after the later of the tenancy termination date or the date the tenant actually vacates. Willful failure to meet this deadline can result in the landlord forfeiting the entire deposit and owing actual damages plus attorney fees.
No. Virginia has no statewide rent control or rent stabilization law, and Virginia Code § 15.2-2800 preempts localities from enacting their own rent-cap ordinances. Landlords may raise rent by any amount, subject to providing adequate written notice (30 days for month-to-month tenancies).
At least 30 days written notice before the next rent-due date is required for a month-to-month tenancy. Larger landlords owning more than four rental units must give 60 days notice when a fixed-term lease with a renewal clause is involved, but that longer period does not apply to pure month-to-month arrangements.
The landlord must serve a written 5-day pay-or-quit notice. The tenant has five calendar days, including weekends and holidays, to pay all overdue rent and applicable fees or vacate. If the tenant neither pays nor leaves, the landlord may file an Unlawful Detainer action in General District Court.
No. Self-help eviction, including changing locks, removing a tenant's belongings, or terminating utility service to force a tenant out, is strictly prohibited under the VRLTA. A landlord must obtain a court order through the Unlawful Detainer process. Violations expose the landlord to civil damages.
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